HB5566 103RD GENERAL ASSEMBLY

LRB103 39525 SPS 69727 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5566

Introduced 2/9/2024, by Rep. Matt Hanson

SYNOPSIS AS INTRODUCED:

815 ILCS 413/5
815 ILCS 413/15
815 ILCS 413/16 new

Amends the Telephone Solicitations Act. Provides that no person shall solicit the sale of goods or services in the State by placing a telephone call more than 3 times to the same person during a 24-hour period. Provides that no person shall make a telephone solicitation, including a call made through automated dialing or a recorded message, by intentionally altering the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to: (1) defraud, confuse, or financially or otherwise injure the called party; or (2) obtain personal information from the called party that may be used in a fraudulent or unlawful manner. Provides that a person shall not make or cause to be made, or attempt to make or cause to be made, a telephone call soliciting the sale of goods or services to a person in the State unless the person soliciting the sale of goods or services is registered with or employed by a person who is registered with the Secretary of State. Sets forth registration requirements and authorizes the Secretary of State to adopt rules to implement and administer the provision. Makes changes to definitions.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Telephone Solicitations Act is amended by changing Sections 5 and 15 and by adding Section 16 as follows:

(815 ILCS 413/5)

Sec. 5. Definitions. For purposes of this Act:

"Caller ID" means the display to the recipient of the call of the caller's telephone number or identity.

"Emergency telephone number" means any telephone number which accesses or calls a fire department, law enforcement agency, ambulance, hospital, medical center, poison control center, rape crisis center, suicide prevention center (including the 9-8-8 suicide and crisis lifeline), rescue service, and the 911 emergency access number provided by law enforcement agencies and police departments.

"Subscriber" means:

(1) A person who has subscribed to telephone service from a telephone company; or

(2) Other persons living or residing with the subscribing person; or .

(3) Other persons who receive telephone service under a subscription agreement entered into by a subscribing person.

"Telephone solicitation" means any communication through the use of a telephone by live operators for soliciting the sale of goods or services.

(Source: P.A. 95-331, eff. 8-21-07.)

(815 ILCS 413/15)

Sec. 15. Method of operation.

(a) No person shall solicit the sale of goods or services in this State by placing a telephone call during the hours between 9 p.m. and 8 a.m. or more than 3 times to the same person during a 24-hour period.

(b) A live operator soliciting the sale of goods or services shall:

(1) immediately state his or her name, the name of the business or organization being represented, and the purpose of the call; and

(2) inquire at the beginning of the call whether the person called consents to the solicitation; and

(3) if the person called requests to be taken off the contact list of the business or organization, the operator must refrain from calling that person again and take all steps necessary to have that person's name and telephone number removed from the contact records of the business or organization so that the person will not be contacted again by the business or organization. Compliance with Section 310.4(b) of the Federal Trade Commission's Telemarketing Sales Rule shall constitute compliance with this subsection (b)(3) of this Section.

(c) A person may not solicit the sale of goods or services by telephone in a manner that impedes the function of any caller ID when the telephone solicitor's service or equipment is capable of allowing the display of the solicitor's telephone number, including, but not limited to, the use of any technology or method which displays a telephone number or name not associated with the telephone solicitor or intentionally designed to misrepresent the telephone solicitor's identity.

(d) No person shall make a telephone solicitation, including a call made through automated dialing or a recorded message, by intentionally altering the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to:

(1) defraud, confuse, or financially or otherwise injure the called party; or

(2) obtain personal information from the called party that may be used in a fraudulent or unlawful manner.

(Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)

(815 ILCS 413/16 new)

Sec. 16. Registration required for telephone solicitors.

(a) A person shall not make or cause to be made, or attempt to make or cause to be made, a telephone call soliciting the sale of goods or services to a person in this State unless the person soliciting the sale of goods or services is registered with or employed by a person who is registered with the Secretary of State.

(b) Every person who makes telephone calls soliciting the sale of goods, including a person whose residence or principal place of business is located outside of this State, shall annually register with the Secretary of State. Application for registration shall be on a form prescribed by the Secretary of State and shall include the name and address of the applicant and any other information that the Secretary of State shall designate by rule. The application shall be accompanied by a reasonable fee, set by the Secretary of State in an amount sufficient to offset the Secretary of State's expenses incurred in administering the provisions of this Section.

(c) After providing notice and the opportunity to be heard, the Secretary of State may refuse to issue or renew or revoke any registration for a violation of the provisions of this Act. A refusal or revocation shall not be made except upon reasonable notice to, and opportunity to be heard by, the applicant or registrant. The Secretary of State may suspend a registration for a reasonable period of time or assess a civil penalty instead of suspension at the discretion of the Secretary of State.

(d) The Secretary of State shall adopt rules to implement and administer this Section.